Adjudication as a means of resolving disputes quickly, and in the majority of cases finally, is established as the most frequently used dispute resolution process in construction.

Since its statutory inclusion in most construction contracts in 1998 under the Housing Grants, Construction and Regeneration Act (1996), the adjudication process has advanced from a rudimentary dispute resolution process to a more complex one Fundamental features of adjudication under the Act include:

• Either party has right to refer a dispute at any time.
• Construction Operations carried out under Construction Contracts are defined widely such that there are limited works and/or services relating to Construction Contracts that are not covered by the Act.
• Adjudication provides a very quick timetable in which the Adjudicator is required to reach a decision – generally 28 days from the date the dispute is referred to the adjudicator.
• The decision of the Adjudicator is binding upon the parties, unless overturned in arbitration or litigation
• Resort to the courts is readily available and except in cases where the Adjudicator has exceeded his/her jurisdiction or failed to comply with the rules of natural justice the courts are quick to enforce a decision against a recalcitrant party.

There are pitfalls for the unwary and those that fail to keep abreast of these evolutionary movements. Our staff comprises self-motivated individuals who have undertaken specialist professional training in the area of adjudication and are fully informed of such matters. Harris Consulting employs staff that is represented on the adjudication panels of the Royal Institution of Chartered Surveyors (RICS), the Chartered Institute of Arbitrators ( CIArb), the Construction Industry Council (CIC) and the Association of Independent Construction Adjudicators (AICA).

• Harris Consulting has extensive experience of adjudication including:
• Acting on behalf of referring and responding parties.
• Acting as adjudicator

Adjudication is no exception to the general rule that whether claiming or defending there is no substitute for knowing and understanding the case and presenting this in clear and precise terms to the adjudicator. Harris Consulting strives at all times to achieve this objective and have experienced a level of success matched only by the best practitioners operating in this specialist field.

Examples of recent experience

• Harris Consulting acted for the Main Contractor on a £40m hotel project in central London and had a resounding success in defending their contractual and financial interests in three separate adjudications. These adjudications covered contract principles, extension of time and valuation matters.
• Harris Consulting was appointed to act for a National Contractor to defend disputes referred to Adjudication on an exclusive multi million pound Apartment building. We headed a team of quantity surveyors and successfully limited the client’s liability to less than 25% of the sums claimed.
• Appointed by a Major Public Utility Client to prepare a defence to a £1.7m claim referred to adjudication under the Housing Grants, Construction and Regeneration Act. Harris Consulting led a team of surveyors and other contract specialists in the preparation of the defence documentation. The role included instructing and advising leading counsel, providing commercial and contractual advice to the client and advising on settlement issues. Our defence led to the parties settling in favourable terms well ahead of the date for the decision.
• Malcolm Harris is regularly nominated as adjudicator and to date has adjudicated on circa 60 disputes between parties. Over two thirds of these disputes have required a written decision; the remaining have been settled by agreement of the parties.
• Acted for main candidate defending a claim referred to a local Government contract. The dispute involved the principle and valuation of variations, extensions of time and loss expense. The Adjudications decision found overwhelmingly in favour of our client.
• Acting for main contractor referred a complex Mechanical and electrical design issue to adjudication, the success of which formed the platform for resolving a number of multi-million pound claim.

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